82 FR 39007 - Addressing China's Laws, Policies, Practices, and Actions Related to Intellectual Property, Innovation, and Technology

Executive Office of the President

Federal Register Volume 82, Issue 158 (August 17, 2017)

[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Presidential Documents]
[Pages 39007-39008]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17528]




                        Presidential Documents 



Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 39007]]

                Memorandum of August 14, 2017

                
Addressing China's Laws, Policies, Practices, and 
                Actions Related to Intellectual Property, Innovation, 
                and Technology

                Memorandum for the United States Trade Representative

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby directed as follows:

                Section 1. Policy. It is the policy of the United 
                States for our trade relations to enhance our economic 
                growth, contribute favorably to our balance of trade, 
                promote reciprocal treatment of American goods and 
                investment, and strengthen the American manufacturing 
                base.

                The United States is a world leader in research-and-
                development-intensive, high-technology goods. 
                Violations of intellectual property rights and other 
                unfair technology transfers potentially threaten United 
                States firms by undermining their ability to compete 
                fairly in the global market. China has implemented 
                laws, policies, and practices and has taken actions 
                related to intellectual property, innovation, and 
                technology that may encourage or require the transfer 
                of American technology and intellectual property to 
                enterprises in China or that may otherwise negatively 
                affect American economic interests. These laws, 
                policies, practices, and actions may inhibit United 
                States exports, deprive United States citizens of fair 
                remuneration for their innovations, divert American 
                jobs to workers in China, contribute to our trade 
                deficit with China, and otherwise undermine American 
                manufacturing, services, and innovation.

                Sec. 2. Determination of Whether to Conduct 
                Investigation. The United States Trade Representative 
                shall determine, consistent with section 302(b) of the 
                Trade Act of 1974 (19 U.S.C. 2412(b)), whether to 
                investigate any of China's laws, policies, practices, 
                or actions that may be unreasonable or discriminatory 
                and that may be harming American intellectual property 
                rights, innovation, or technology development.

                Sec. 3. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 39008]]

                    (d) You are hereby authorized and directed to 
                publish this memorandum in the Federal Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, August 14, 2017.

[FR Doc. 2017-17528
Filed 8-16-17; 8:45 am]
Billing code 3290-F7-P